A recent decision in the Supreme Court of New South Wales has clarified the circumstances in which a registration on the PPSR will be ineffective and the consequences that can flow from this.
The High Court of Australia recently dismissed an application brought by former Queensland Nickel Pty Ltd (QN) directors Mr Clive Palmer and Mr Ian Ferguson for a declaration that section 596A of...
Insolvency sales have their own unique issues, but the agenda is always clear - maximise return to creditors.
Companies in distress often undertake a sale of assets to alleviate cash flow or debt repayment issues when other lines of credit or sources of funds have been exhausted. Such decisions are not...
In reviewing modern award penalty rates in the hospitality & retail sectors, the FWC has reduced Sunday and public holiday rates in a number of awards.
The Federal Court of Australia recently awarded an employee damages of $1,272,109 for past and future loss of wages: seeCFMEU v Hail Creek Coal Pty Ltd [2016] FCA 199 and [2016] FCA 1032. This...
The High Court has clarified the circumstances in which suppliers and their distributors / agents will be taken to be actual or potential competitors for the purposes of Australian competition law....
There continues to be doubt about the validity of certain Committees of Inspection (COI) established during a liquidation and the approvals given by them. Another decision of Pritchard J in the...
On 12 January 2009, Satoshi Nakamoto mined Block 0, Bitcoin’s ‘genesis block’, marking the first issuance of cryptocurrency and implementation of blockchain technology. A purely peer-to-peer...
New draft guidelines have been prepared to assist in understanding the potentially onerous provisions of the Environmental Protection (Chain of Responsibility) Amendment Act (“CoRA”).
A raft of reforms to Australia’s foreign investment framework over the last 12 months includes legislation intended to bolster the integrity of the foreign investment framework.
The recent decision of CQMS Pty Ltd v Bradken Resources Pty Ltd is a timely reminder of the dangers and risks in asserting your intellectual property rights to potential infringers and the...
Legal issues from September 2016.
The recent native title determination of Griffiths v Northern Territory is the first judgement to put a monetary value on native title rights. This article considers the important points of...
On 26 July 2016, the Supreme Court of New South Wales – Court of Appeal – dismissed an appeal by AMP Life Ltd from the orders made by Brereton J on 27 June 2016.1 The orders dealt with the...
COAG Energy Council's Gas Market Reform Package adopts many of the recommendations for east coast gas market reform made by the AEMC and the ACCC earlier this year.
Legal issues from July 2016.
Find out why ASX can be an effective prelude to a future listing in the US.
When a transaction with a direct or indirect connection to Australia is proposed, foreign investors and their counsel should consider whether notification is required or advisable.
The Probuild decision is likely to undermine the objective of the Security of Payment Act to provide a means of quickly and relatively inexpensively resolving disputes in relation to progress...
This special edition of Acumen discusses the key taxation reforms for business announced on the evening of May 3rd by Treasurer Scott Morrison in the 2016 Australian Federal Budget, highlights of...
This 2016 edition of Review highlights a selection of the public assignments undertaken by us over the past year as well as major legislative and policy developments occurring over that period.
The WA Government is proposing to reform Crown land tenure in the State. In June 2016, the Land Administration Amendment Bill 2016 (Amending Bill) will be introduced into Parliament. Broadly, the...
Employers need to take care when dealing with any promises or representations about the application of company policies, particularly where discretionary incentives or redundancy payments are...